Last Modified: 10.20.2023
Thank you for choosing NewUHair, a division of Power Med LLC (“NewUHair, we, us, our”) to provide to you our medication management services (“Services”) offered through our Website, www.newuhair.com (“Website”) or through our mobile application (“Application”). If you choose to receive our Services then you will be required to submit a specimen (“Specimen”) through the use of our DNA Collection Kit (“Collection Kit”), and upon our receipt of the Specimen, we and/or our authorized laboratories will perform pharmacogenetics testing from which the results of the testing (“Results”) will be processed through our proprietary software and information shall be provided to you regarding that when shared with your medical provider will provide your medical provider with greater insight into whether: a medication may be an effective treatment for you, the best dose of a medication for you, and whether you may be exposed to serious side effects from certain medications. (“Report”). The Report is not intended to be used as the sole means for determining which medication is best for you, nor does the Report include all medications in the marketplace, but when presented to your healthcare provider, along with other factors such as your age, lifestyle, other medications you are taking, and your overall health, may be used by your healthcare provider to assist in making the decision as to the best medication for you.
You are prohibited from using the Services, including the Collection Kit, outside the state in which the Collection Kit was mailed to you. Only persons who are 18 years old or older who do not have an active infectious disease are permitted to purchase a Collection Kit. You may use the Collection Kit to submit the Specimen of a minor to be used for the Services provided that: (a) the Registered User is the minor’s parent with legal rights to act on behalf of and for the benefit of such minor; (b) the minor child does not have an infectious disease; (c) each of the minor child’s parents who have parental right to act on behalf of and for the benefit of such minor child consent to the submission of the minor child’s Specimen
1. Who is permitted to use the Services?
Visitors. Users who access the Website, but do not establish an account with us to become a Registered User (“Visitors”) are only permitted to view the Website and shall not attempt to access or have authorization to use our Services until they become a Registered User
2. Prohibited Use of Services
Each Registered User and Visitor shall also be prohibited from: (a) the use of any robot, spider or other automatic device, process or means to access our Services, including the Website, for any purpose, including monitoring or copying any of the Service’s material; or (b) the use any manual process to monitor or copy any of the Service’s materials, including materials on the Website, for any other unauthorized purpose without our prior written consent.
3. Intellectual Property Rights
The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Services or any material contained therein is transferred to you, and all rights not expressly granted are reserved by us or our licensors.
All right, title and interest in and to Anonymous Information shall be owned exclusively by us. To the extent that you retain any rights in the Anonymous Information, you hereby assign to us all rights, including intellectual property rights, in and to the Anonymous Information, so that we are the sole and exclusive owners of such information. To the extent that state or local laws prohibits you from assigning ownership rights in such the Anonymous Information, you grant us, our successors and assigns, a royalty- free worldwide, sublicensable, transferrable license to host, transfer, process, analyze, distribute, communicate and use Anonymous Information in perpetuity without any compensation to you, your successors, your heirs or your assigns. If you do not consent to the collection and use of Anonymous Information, then you are prohibited from using the Services.
The Services are for your personal, non-commercial use only. If we provide desktop, mobile or other software applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use. You are prohibited from: (a) modifying, translating, adapting, or otherwise creating derivative works or improvements, whether or not patentable, of our proprietary software; (b) reverse engineering, disassembling, decompiling, decoding, or otherwise attempting to derive or gain access to the source code of our proprietary software or any part thereof; (c) removing, deleting, altering, or obscuring any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our proprietary software, including any copy thereof; (d) renting, leasing, lending, selling, sublicensing, assigning, distributing, publishing, transferring, or otherwise making available our proprietary software, or any features or functionality of it, to any third party for any reason, including by making our proprietary software available on a network where it is capable of being accessed by more than one device at any time; or (e) using our proprietary software in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
Our NewUHair name and logo and all related names, logos, product and service names, designs and our slogans are our, our affiliates or our licensors trademarks. You must not use such marks. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
5. User Contributions
The Services such as our Website may contain interactive features, such as message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website or Application.
Any User Contribution you post to the Website or Application for others to view will be considered non- confidential and non-proprietary. By providing any User Contribution on the Website or Application, you grant us and our affiliates and service providers, and each of their and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted on the Website or Application.
6. Monitoring and Enforcement; Termination
We have the right to:
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
7. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, deceiving, embarrassing, annoying, promoting commercial activity, or otherwise
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or
- Promote, advocate, or assist in any unlawful act, or violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
8. Copyright Infringement
If you believe that any User Contributions violate your copyright, please contact the copyright agent identified below for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
9. Reliance on Information Posted
The information presented through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
10. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
11. Information About You and Your Visits to the Website and Use of the Services
12. Online Purchases and Other Terms and Conditions
The purchase of any of our Services, including our Collection Kit, is exclusive of any shipping costs and any state, federal, or local taxes. To the extent that there are any shipping costs associated with your purchase, such costs shall be disclosed to you upon check-out. All prices are stated in U.S. dollars and payment must be in U.S. currency. You shall bear the risk of shipment for all goods purchased from us whether sent from us or returned to us.
13. Links from the Website
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14. Geographic Restrictions
The owner of the Website is based in the state of Florida in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15. Disclaimer of Warranties
16. Limitation on Liability
IN NO EVENT WILL WE, OUR AFFILIATES OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SERVICES AND ANY THIRD PARTY LINKS TO OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Governing Law & Arbitration
19. Other Terms